An act to add Section 25185.2 to the Health and Safety Code, relating to hazardous waste.

LEGISLATIVE COUNSEL'S DIGEST

AB 1179, Kalra.
Hazardous waste facilities: inspections.

Existing law requires the Department of Toxic Substances Control, and a local health officer or local public officer designated by the Director of Toxic Substances Control, to enforce the standards in the hazardous waste control law and the regulations adopted by the department to implement that law, except as specified. Existing law authorizes a representative of the department or the local officer or agency authorized to enforce the hazardous waste control law to, among other things, enter and inspect a factory, plant, construction site, disposal site, transfer facility, or an establishment or any other place or environment where hazardous wastes are stored, handled, processed, disposed of, or being treated to recover resources.

This bill would require the department to adopt regulations establishing inspection frequencies for permitted
hazardous waste treatment, storage, and disposal facilities, hazardous waste generators, and hazardous waste transporters, as specified. The bill would require the inspection frequency for a hazardous waste land disposal facility to be no less than 2 times per calendar year and for any other permitted hazardous waste treatment, storage, or disposal facility to be no less than once per calendar year.

Digest Key

Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
YES
Local Program:
NO

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

Section 25185.2 is added to the Health and Safety Code, to read:

25185.2.

(a) The Legislature finds and declares that hazardous waste facilities that are not in compliance with state and federal laws and regulations pose a danger to human health and safety and the environment. This danger is increased for disadvantaged communities impacted by multiple sources of pollution. It is vital that permitted hazardous waste facilities be inspected on a regular basis to ensure compliance with state and federal laws.

(b) On or before January 1, 2020, the department shall adopt regulations establishing inspection frequencies for permitted hazardous waste treatment, storage, and disposal facilities, hazardous waste generators, and hazardous waste transporters, subject to the requirements of subdivision (c). In addition to any
other criteria the department may include in these regulations, the department shall include criteria for increasing the frequency of inspections based on factors including, but not limited to, compliance history, the quantity of hazardous waste handled, the ignitability, corrosivity, reactivity, and toxicity of hazardous waste handled, and proximity to sensitive habitats, sensitive receptors, or disadvantaged communities.

(c) The inspection frequency for a hazardous waste land disposal facility shall be no less than two times per calendar year. The inspection frequency for any other permitted hazardous waste treatment, storage, or disposal facility shall be no less than once per calendar year.

(d) For purposes of this section, the following definitions apply:

(1) “Disadvantaged community” means an area identified by
the California Environmental Protection Agency pursuant to Section 39711 or an area that is a low-income area and is disproportionately affected by environmental pollution or other hazards that can lead to negative health effects, exposure, or environmental degradation.

(2) “Low-income area” means an area with household incomes at or below 80 percent of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Development’s list of state income limits adopted pursuant to Section 50093.

(e) Nothing in this section shall prevent the department from inspecting a hazardous waste facility more frequently than is required by the regulations established pursuant to subdivision (b).